CAT/C/56/D/594/2014
of his passport. The complainant maintains that his identity has been plausibly established.
He further claims a flagrant violation of his rights as an asylum seeker by sending a
document from the asylum file for verification to Algeria, thereby putting him under huge
psychological pressure because of the situation of his family and the history of violations in
Algeria. He submits that the flagrant violation of his rights as an asylum seeker will result
in additional threats to his life if he returns to Algeria.
5.7
The complainant also questions the veracity of the report by an independent lawyer
submitted by the State party questioning the existence of the complainant’s criminal
sentence in Algeria. In that respect, the complainant questions the date of the verification
report of 25 July 2010, as the existence of his criminal sentence should have been verified
in 2008, when he provided a copy of his sentence, and also questions the absence of any
official stamp of the lawyer and of the Embassy of Sweden. He argues that judgements are
confidential and therefore not available to other persons without a power of attorney from
the condemned person, and that judgements are not produced in a uniform format. The
complainant therefore considers that the report referred to is not authentic and legal.
5.8
Contrary to the State party’s submission, the complainant claims the existence of
severe flaws in the Algerian legal system. He adds that the absence of a consistent pattern
of flagrant violations of human rights does not mean that a person might not be subjected to
torture in specific circumstances. In addition, the complainant alleges that the State party is
concealing the fact that he will not be protected by the Algerian authorities, as he is
threatened by terrorists, who consider him to be a traitor and responsible for the death of
two of their colleagues, and by the Algerian authorities because he was sentenced for being
a member of a terrorist organization and responsible for the death of a police officer on
duty. The author reiterates that if he returns to Algeria, he will be tortured and killed in
prison by State authorities or terrorists.
5.9
Furthermore, the complainant claims that the State party adopted its second decision
on the complainant’s case primarily based on the facts of his first asylum case, without
taking into account the new circumstances. He considers that the asylum proceedings of
2006 and 2012, which together lasted almost 10 years, did not provide him with the
protection he needs. The complainant also considers that the State party has not presented
sufficient evidence to justify the inadmissibility of his complaint, while it has disregarded
the situation of his family and the risks of torture and inhuman treatment he would face if
he was deported to Algeria. The complainant therefore requests the Committee to consider
the complaint admissible and to conclude that his forced return to Algeria would constitute
a flagrant violation of the Convention.
State party’s additional observations
6.1
On 4 May 2015, the State party submitted additional observations in respect of some
information submitted by the complainant, under the reservation that the absence of
comments on other parts of the complainant’s submission should not be interpreted as their
acceptance.
6.2
As regards the complainant’s contention that he was not given the opportunity to
invoke his reasons for seeking asylum before the domestic authorities and courts in the
second asylum proceedings, the State party notes that during the interview that was held
before the Swedish Migration Agency (formerly the Migration Board), the complainant
confirmed that he did not have any new grounds for his asylum request.
6.3
In response to the complainant’s argument relating to the number of interviews
conducted with the complainant by the Swedish Migration Agency, the State party states
that an interview was held with the complainant at the reception unit of the Migration
Agency on 21 January 2013 to clarify his identity and his health and family situation.
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